Control of Horses Act, 1996
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Prohibition on keeping horse without horse licence in control area. |
18.—(1) Subject to section 19 , a person who owns a horse which is kept by him or her or on his or her behalf in a control area shall, unless he or she holds a horse licence in respect of the horse entitling that owner to keep the horse in the control area, be guilty of an offence. | |
(2) Subject to subsection (3) and section 19 , a person (other than the owner) who— | ||
(a) keeps a horse in a control area, or | ||
(b) has under his or her charge or control a horse which is kept in a control area, | ||
shall, unless there is a horse licence for the time being in force in respect of the horse entitling the owner to keep the horse in the control area, be guilty of an offence. | ||
(3) Subsection (2) does not apply to— | ||
(a) an authorised person or a member of the Garda Síochána acting in the course of his or her duty, | ||
(b) a pound keeper who keeps a horse in a pound, | ||
(c) a veterinary surgeon providing veterinary services for a horse, | ||
(d) any person who keeps or has charge or control of a horse for the purpose of preventing it causing injury to persons or damage to property, and restoring the horse to its owner or keeper, or handing it over to an authorised person or a member of the Garda Síochána, | ||
(e) any person with whom a local authority or a Superintendent has entered into arrangements under section 39 (4), or | ||
(f) such other class or classes of persons and for such purposes as may be prescribed. | ||
(4) For the purposes of this section a horse shall be deemed to be kept in a control area where it is brought into it other than in accordance with section 19 (1) (f), (g) or (k). | ||
(5) For the purposes of subsection (2), the occupier of any premises within a control area where a horse is found who is not the owner of that horse shall be deemed to be the person who keeps or has charge or control of the horse unless such occupier shows that the horse was kept on the premises either— | ||
(a) without his or her knowledge and permission, or | ||
(b) by some other person and there is a horse licence for the time being in force in respect of the horse entitling it to be kept in the control area. | ||
(6) In a prosecution for an offence under subsection (1) it shall be a defence for the accused to show that at the time of the alleged offence he or she had not given permission for the horse to be kept in the control area. | ||
(7) In a prosecution for an offence under subsection (2) it shall be a defence for the accused who is not the keeper to show that at the time of the alleged offence he or she had no reason to believe that there was not a horse licence in force in respect of the horse entitling it to be kept in the control area. | ||
(8) In a prosecution for an offence under this section it shall be a defence for the accused to show that at the time of the alleged offence there was an application for a horse licence in respect of the horse being considered by— | ||
(a) the local authority for the functional area of which the control area forms part, or | ||
(b) another local authority which has entered into arrangements under section 20 (10) with that authority, | ||
upon production of a receipt of the application and accompanying fee issued by the relevant authority: | ||
Provided that the accused or the applicant (if he or she is not the accused) has not been refused a horse licence previously by a local authority or disqualified from keeping the horse under section 7 . | ||
(9) In a prosecution for an offence under this section the onus of proof shall lie on the accused to show that the horse at the time of the alleged offence— | ||
(a) was imported in accordance with section 19 (1) (e), or | ||
(b) was brought into the control area in accordance with section 19 (1) (f) or (g), or | ||
(c) has recently been purchased by or come into the possession of the accused in accordance with section 19 (1) (j), or | ||
(d) is transported through the area in accordance with section 19 (1) (k). |